B-2 Tourist Visa can i file AOS?

[Macgomes]

Hello everyone,,
Sorry if this question has been asked numerous times but wanted confirmation before proceeding. My wife recently passed her citizenship test and awaiting Oath Ceremony. She will file for her mom I-130 once she receives her naturalization certificate.
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Her mom has a B-2 Visa and expires 8/20/019. She has visited the states 2 times already in 2016 and 2017 with length of stay less than 6 months. She plans on coming over here to visit and take care of our kids in April. Can we apply to adjust her status so she gets a green card or it's not advise as her B-2 was intended for tourist not permanent resident (heard people say yes it's fine others say no? Also if she renews her B-2 Visa, will it likely be denied knowing that there is an I-130 pending. We have a baby on the way and would like for her to come and help take care of the new born expecting 9/2019.

It's a tough situation were in and don't know what to do as if we file the I-130 it will probably take 1 yr for her to immigrant over here and risk the B-2 renewal approval but if we wait and not file I-130 it's just going to take longer for her to immigrant here.

Thanks all for your thoughts!

[Libra_14]

Can we apply to adjust her status so she gets a green card or it's not advise as her B-2 was intended for tourist not permanent resident (heard people say yes it's fine others say no?

Legally yes you can apply for AOS, however depends on your citizenship it will be risky, they can reject the AOS and/or ban you for years.

Also if she renews her B-2 Visa, will it likely be denied knowing that there is an I-130 pending. We have a baby on the way and would like for her to come and help take care of the new born expecting 9/2019.

Yes, B2 will be surely denied after I130. One of the basic requirement for B2 is to prove strong ties to home country, by filing I130 she won't be eligible for B2 visa anymore.

It's a tough situation were in and don't know what to do as if we file the I-130 it will probably take 1 yr for her to immigrant over here and risk the B-2 renewal approval but if we wait and not file I-130 it's just going to take longer for her to immigrant here.

My suggestion for her to renew B2 first, visit for now, file for I130 the next day she lands in USA, have her return back after stay of 5-6 months & wait for her GC in her home country.